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(영문) 대전지방법원 2017.08.18 2016고정1177

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Reasons

Punishment of the crime

The defendant is a user who runs a four-day art-related service using a full-time worker under the name of the D representative in Seo-gu Daejeon, Seo-gu.

(a) An employer shall pay workers to whom the minimum wage is applied the wages above the minimum wage determined and publicly notified annually by the Minister of Labor, and shall pay the hourly wage of at least 5,580 won for the period from January 1, 2015 to December 31, 2015;

Nevertheless, the Defendant worked in the said workplace from March 1, 2015 to August 2, 2015, and paid the worker E who retired from the following day an hourly wage of KRW 2,307 from March 1, 2015 to July 2015, and paid the worker E who retired from office below the minimum wage.

(b) When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays pursuant to Article 55 of the Labor Standards Act, annual paid leaves pursuant to Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to workers, and shall deliver written statements specifying the constituent items, calculation method, payment method, prescribed working hours, holidays pursuant to Article 55 of the same Act and other paid leaves pursuant to Article 60.

Nevertheless, the Defendant did not prepare and deliver a document stating the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the same Act, and annual paid leave under Article 60, to E that retired from the said workplace on August 3, 2015, when concluding a labor contract on March 1, 2015.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Application of the witness E’s legal statement statutes;

1. Article 114 subparagraph 1 of the relevant Act concerning facts constituting an offense, Articles 114 and 17 of the Standards for Selective Labor (a violation of the duty to specify the working conditions in writing), Articles 28 (1) and 6 (1) of the Minimum Wage Act (the fact of paying wages below the minimum wage, the selection of fines);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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